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★ Wisconsin · fracture

Fracture settlements
in Wisconsin.

By Reviewed by Abd Shanti, Founder9 min read

Two Wisconsin statutes end many fall and crush injury claims before the facts are weighed. An employee who broke her shoulder tripping over a power cord at a company picnic lost her verdict to recreational immunity, and a worker whose foot was crushed in a gateless freight elevator lost to the ten year repose period for building defects.

Facts that decide a fracture claim in Wisconsin

Recreational immunityOwners and organizers can be immune from negligence claims for injuries during recreational activities on their property.Wis. Stat. § 895.52, as applied in Carini v. ProHealth Care (Wis. Ct. App. 2015)
Building defectsClaims premised on a structural defect in a building can be barred by the ten year statute of repose for improvements to real property.Wis. Stat. § 893.89, as applied in Garrido-Crisanto v. Heritage Relocation Services (Wis. Ct. App. 2014)
Fault ruleContributory negligence “does not bar recovery … if that negligence was not greater than the negligence of the person against whom recovery is sought,” and your damages are reduced by your share.Wis. Stat. § 895.045(1), as quoted in Richards v. Badger Mutual Insurance (Wis. 2008)
Claims against governmentWritten notice within 120 days plus an itemized claim; local government liability is capped at $50,000.Wis. Stat. §§ 893.80, 893.82; see our notice table
united states · sister site
Your fracture claim in Wisconsin. See the number for your own case.

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★ WI · reported fracture outcomes

What Wisconsin courts have awarded.

Real Wisconsin decisions and verdicts, each linked to the court record or official report.

  • Carini v. ProHealth Care
    Wisconsin Court of Appeals · 2015
    Negligence claim dismissed

    Donna Carini, a ProHealth Care employee, was walking across the Milwaukee County Zoo parking lot to the food tent at her employer’s company picnic when she tripped over a power cord and fractured her shoulder. She and her husband sued her employer. The trial court refused to apply recreational immunity, but the Court of Appeals reversed and directed dismissal of the negligence claim.

  • Garrido-Crisanto v. Heritage Relocation Services
    Wisconsin Court of Appeals · 2014
    Summary judgment for building owner affirmed

    In September 2010 Valentine Garrido-Crisanto, a temporary worker, was moving carts of equipment between floors in a storage building when his foot was crushed while riding a freight elevator that had no safety gate. The missing gate was treated as a structural defect, so his negligence and safe place claims against the owner were barred by the ten year statute of repose, and the court affirmed.

★ WI · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Wisconsin.

  1. 1

    Company events can count as recreation. Carini’s employer picnic triggered immunity even though she was walking to lunch.

  2. 2

    Old buildings may be beyond reach. A missing elevator gate was a structural defect outside the repose period.

  3. 3

    Look for other defendants, such as the employer or equipment makers, when the owner is protected.

★ WI · statute of limitations
3 years from date of injury

Wis. Stat. § 893.54

★ WI · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ WI · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Wisconsin.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Wisconsin's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Wisconsin · you are hereModified comparative, 51% bar3 years from date of injury—
IllinoisModified comparative, 51% bar2 years from date of injuryIL · fracture →
IndianaModified comparative, 51% bar2 years from date of injuryIN · fracture →
IowaModified comparative, 51% bar2 years from date of injuryIA · fracture →
KansasModified comparative, 50% bar2 years from date of injuryKS · fracture →
MichiganModified comparative, 51% bar3 years from date of injuryMI · fracture →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · fracture →
WyomingModified comparative, 51% bar4 years from date of injuryWY · fracture →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · fracture →
DelawareModified comparative, 51% bar2 years from date of injuryDE · fracture →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture →
AlabamaPure contributory negligence2 years from date of injuryAL · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture →
★ WI · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Wisconsin? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of WI
Wisconsin overview

Fault rule, statute, caps, and key facts for Wisconsin as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Wisconsin. See /methodology, /sources, and /disclaimer.